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MITCHELL v. COM'N ON ADULT ENTERTAINMENT EST.

No. 92-7507.

12 F.3d 406 (1993)

Francis R. MITCHELL; Bob's Discount Adult Books, Inc. v. COMMISSION ON ADULT ENTERTAINMENT ESTABLISHMENTS OF the STATE OF DELAWARE, an entity within the State of Delaware, Department of Administrative Services, Division of Business and Occupational Regulation; Charles M. Oberly, III, in his official capacity as Attorney General of the State of Delaware; State of Delaware, Francis R. Mitchell and Bob's Discount Adult Books, Inc., a corporation of the State of Delaware, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 29, 1993.

Attorney(s) appearing for the Case

Lewis H. Robertson (Argued), Evans, Osborne & Kreizman, Red Bank, NJ, for appellants.

John J. Polk (argued), Dept. of Justice, State of Del., Wilmington, DE, for appellees.

Before: STAPLETON, MANSMANN and HUTCHINSON, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This is an appeal from a denial of a motion for an award of costs under 42 U.S.C. § 1988. Those costs were incurred in a suit involving a constitutional challenge to Delaware's Adult Entertainment Establishments Act ("the Act"), Del.Code Ann. tit. 24, §§ 1601-1629 (1987).

I.

The appellants are Bob's Discount Adult Books, Inc. and Francis R. Mitchell ("Mitchell"). The appellees...

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